Legal Opinion
Oliveira v. New Prime, Inc.
Court of Appeals for the First Circuit
Decided May 12, 2017No. 15-2364PPublishedCited by 46 opinions
1Opinion of the Court
THOMPSON, Circuit Judge.
This case raises two questions of first impression in this circuit. First, when a federal district court is confronted with a motion to compel arbitration under the Federal Arbitration Act (FAA or Act), 9 U.S.C. §§ 1-16, in a case where the parties have delegated questions of arbitrability to the arbitrator, must the court first determine whether the FAA applies or must it grant the motion and let the arbitrator determine the applicability of the Act? We hold that the applicability of the FAA is a threshold question for the court to determine before compelling…
2Cases cited43 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
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3Cited by46 opinions
- New Prime Inc. v. OliveiraSupreme Court of the United States · 2019
- Rivera-Colon v. AT&T Mobility Puerto Rico, IncCourt of Appeals for the First Circuit · 2019
- Bosse v. New York Life Insurance Co.Court of Appeals for the First Circuit · 2021
- Fli-Lo Falcon, LLC v. AmznCourt of Appeals for the Ninth Circuit · 2024
- Bissonnette v. LePage BakeriesCourt of Appeals for the Second Circuit · 2022
41 more not listed; retrieve them via the Exa API.